The Colfax chronicle. [volume] (Colfax, Grant Parish, La.) 1877-1981, 1887-05-14
Federal Court Jurisdiction.


We publish In full, in another
column, the act passed by the late
Congress regulating the jurisdic-
ton of the circuit courts of the
United States. The changes made
IN that jurisdiction are funda-
mental. They may be summarized
as follows:
]. The jurisdictional amount is
raised from $500 to 5000, exclusive Of
interest and costs.
2. A defendant can only be sued in
the district where he lives, cxcept
where he Is found and sued IN the dis
trict where the plaintiff lives.
8. jurisdiction is denied over com
merclal paper, except foreign bills Of
exchange and obligations made by a
corporation and payable to bearer, UNI
less the previous parties to the paper
could sue on the same in the Circuit
Court, IT no transfer or assignment
had ever been made.
4. No case can he removed from a
State to a Circuit Court unless it could
have originally been brought in the
Circuit Court.
5. The right of removal is confined
to the nonresident defendant, and he
must remove at the time of making his
appearance in the State court, unless
he bases his application upon the
ground Of local prejudice.
o. here an affidavit of local preiu-
dice Is made, it must cover not only the
court III which the suit is brought, but
also the court to which, under the
laws OF the State, removal ON account
OF local prejudice would there be allow
able; and this affidavit is traversable
in the United States Circuit Court.
z. In case Of removal on account of
local prejudice, if the cause is sevcra-
bic AS To the remover, only that part
Of 1t which pertains to him is retained
III the Circuit Court, aud the balance
Is demanded to the State court.
3. No writ Of error or appcal ia al
lowed from an order rema,,sliig n canse
from circuit to a State court.
There are other important pre-
visions In the act relative to ma
tional banks and receivers and to
suits against them. We have men
toned above only the points that
dltferentlate this act from the law
as it now exists.
From the foundation of the gov
eminent until the period immedi-
ately succeeding the war no chang
es were made in the Judiciary act
OF 1889, defining the jurisdiction
of the circuits courts. Under the
act OF 1866, 1867 and 1875, any
cause of action could be gotten in
to the Circuit Court of tie United
States by indirect means. The
broadcast and most literal interpre-
tation was placed oa those acts by
the Federal judges, who seemed to
be greedy OF jurisdiction AMI anx-
ious to extend 1t by very means in
their power. Consequently, the
Federal courts have been overload
ed with work, the State courts have
been neglected and despised, the
people have complained, and a re-
action has been brought about,
which has practically shorn the
Federal judges even of the extent
OF power they possessed under the |
act of 1889.
That Democratic House should |
have given this sturdy blow to CEN
tralization is what the country ex-
pected; but that the Republican |
Senate should have concurred in it |
may well give establishment
1t is said that concurrence of the |
Senate In the act was due to the
fact that Wilson, of Iowa, and some |
of the other Western Senators,
were down on the Federal judges /
in their districts, and were anxious |
to curtail their power.